EPA_40 CFR Part 51_VOC Contents
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Transcript of EPA_40 CFR Part 51_VOC Contents
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U.S. ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5466-9]
Air Quality: Revision to Definition of Volatile Organic
Compounds - Exclusion of HFC 43-10mee and HCFC 225ca and
cb
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: This action proposes to revise EPA's definition
of volatile organic compounds (VOC) for purposes of
preparing State implementation plans (SIP's) to attain
the national ambient air quality standards (NAAQS) for
ozone under title I of the Clean Air Act (Act) and for
the Federal implementation plan (FIP) for the Chicago
ozone nonattainment area. This proposed revision would
add HFC 43-10mee and HCFC 225ca and cb to the list of
compounds excluded from the definition of VOC on the
basis that these compounds have negligible contribution
to tropospheric ozone formation.
DATES: Comments on this proposal must be received by May
31, 1996. Requests for a hearing must be submitted by
May 31, 1996.
ADDRESSES : Comments should be submitted in duplicate (if
possible) to: Air and Radiation Docket and Information
Center (6102), Attention: Docket No. A-95-37, U.S.
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(6102), 401 M Street, SW, Washington, DC 20460. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: William Johnson, Office
of Air Quality Planning and Standards, Air Quality
Strategies and Standards Division (MD-15), Research
Triangle Park, NC 27711, phone (919) 541-5245.
Interested persons may call Mr. Johnson to see if a
hearing will be held and the date and location of any
hearing.
SUPPLEMENTARY INFORMATION :
I. Background
Petitions have been received from two organizations
asking for certain compounds to be added to the list of
compounds which are considered to be negligibly reactive
in the definition of VOC at 40 CFR 51.100(s). On
December 12, 1994, Asahi Glass America, Inc., submitted a
petition for HCFC 225 ca and cb isomers. These compounds
are chemically named 3,3-dichloro-1,1,1,2,2-
pentafluoropropane (CAS number 422-56-0) and 1,3-
dichloro-1,1,2,2,3-pentafluoropropane (CAS number 507-55-
1), respectively. On March 13, 1995, the E.I. du Pont de
Nemours and Company submitted a petition for the compound
HFC 43-10mee. This compound has the chemical name
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1,1,1,2,3,4,4,5,5,5-decafluoropentane (CAS number 138495-
42-8).
In support of their petitions, these organizations
supplied information on the photochemical reactivity of
the individual compounds. This information consisted
mainly of the rate constant for the reaction of the
compound with the hydroxyl (OH) radical. This rate
constant (k value) is commonly used as one measure ofOH
the photochemical reactivity of compounds. The
petitioners compared the rate constants with that of
other compounds which have already been listed as
photochemically, negligibly reactive (e.g., ethane which
is the compound with the highest k value that isOH
currently regarded as negligibly reactive). The
compounds for which petitions were submitted are listed
in Table 1 along with their reported k rate constants.OH
Table 1 - Reaction Rate Constants with OH Radical
Reported Rate Constant at 25 C
Compound cm /molecule/sec3
ethane 2.4 x 10 -13
HCFC-225ca 2.5 x 10 -14
HCFC-225cb 8.6 x 10 -15
HFC 43-10mee 3.87 x 10 -15
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The scientific information which the petitioners have
submitted in support of their petitions has been added to
the docket for this rulemaking. This information
includes references for the journal articles where the
rate constant values are published.
II. The EPA Response to the Petitions
In regard to the petition for HCFC 225ca and HCFC
225cb, existing data support that the reactivities of
these compounds with respect to reaction with OH radicals
in the atmosphere are considerably lower than that of
ethane. This would indicate that these compounds are
less reactive than ethane which is already classified as
negligibly reactive. Similarly, for HFC 43-10mee, the
rate constant of reaction with the OH radical is
considerably less than that for ethane.
In each of the above petitions, the petitioners did
not submit reactivity data with respect to other VOC loss
reactions (such as reaction with O-atoms, nitrogen
trioxide (NO )-radicals, and ozone 0(O ), and for3 3
photolysis). However, there is ample evidence in the
literature that halogenated paraffinic VOC, such as these
compounds, do not participate in such reactions
significantly.
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The EPA is responding to these petitions by
proposing, in this notice, to add HFC 43-10mee and HCFC
225ca and cb to the list of compounds appearing in 40 CFR
51.100(s). III. Final Action
Today's proposed action is based on EPA's review of
the material in Docket No. A-95-37. The EPA hereby
proposes to amend its definition of VOC at 40 CFR
51.100(s) to exclude HCFC 43-10mee, HCFC 225ca and HCFC
225cb as VOC for ozone SIP and ozone control purposes.
The revised definition will apply in the Chicago ozone
nonattainment area pursuant to the 40 CFR 52.741(a)(3)
definition of volatile organic material or VOC. States
are not obligated to exclude from control as a VOC those
compounds that EPA has found to be negligibly reactive.
However, if this action is made final, States should not
include these compounds in their VOC emissions
inventories for determining reasonable further progress
under the Act (e.g., section 182(b)(1)) and may not take
credit for controlling these compounds in their ozone
control strategy.
IV. Administrative Reqirements
A. Docket
The docket is an organized and complete file for all
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information submitted or otherwise considered by EPA in
the
development of this proposed rulemaking. The principle
purposes of the docket are: (1) To allow interested
parties to identify and locate documents so that they can
effectively participate in the rulemaking process; and,
(2) to serve as the record in case of judicial review
(except for interagency review materials) (Section
307(d)(7)(A)).
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4,
1993), the Agency must determine whether a regulatory
action is "significant" and therefore subject to Office
of Management and Budget (OMB) review and the
requirements of this Executive Order. The order defines
"significant regulatory action" as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100
million or more or adversely affect in a material way the
economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or
communities;
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Section 204 requires the Agency to establish a plan for
obtaining input from and informing, educating, and
advising any small governments that may be significantly
or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the
Agency must identify and consider a reasonable number of
regulatory alternatives before promulgating a rule for
which a budgetary impact statement must be prepared. The
Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule,
unless the Agency explains why this alternative is not
selected or the selection of this alternative is
inconsistent with law.
Because this proposed rule is estimated to result in
the expenditure by State, local and tribal governments or
the private sector of less than $100 million in any 1
year, the Agency has not prepared a budgetary impact
statement or specifically addressed the selection of the
least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be
significantly or uniquely affected by this rule, the
Agency is not required to develop a plan with regard to
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small governments.
D. Regulatory Flexibility Act
For proposed and final rules, the Regulatory
Flexibility Act of 1980 requires the Agency to perform a
regulatory flexibility analysis, identifying the economic
impact of the rule on small entities. 5 U.S.C. 601 et.
seq. In the alternative, if the Agency determines that
the rule will not have a significant economic impact on a
substantial number of small entities, the Agency can make
a certification to that effect. Because this rule
relieves a restriction, it will not impose and any
adverse economic impact on small entities. Therefore,
pursuant to 5 U.S.C. 605(b), I hereby certify that this
action will not have a
Revision to Definition of VOC Page 9 of 11
significant economic impact on a substantial number of
small entities because it relaxes current regulatory
requirements rather than imposing new ones.
E. Paperwork Reduction Act
This rule does not change any information collection
requirements subject to OMB under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 51
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Environmental protection, Administrative practice
and procedure, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 25, 1996.
Carol M. Browner,
Administrator.
For reasons set forth in the preamble, part 51 of chapter
I of title 40 of the Code of Federal Regulations is
proposed to be amended as follows:
Part 51-REQUIREMENTS FOR PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION PLANS
1. The authority citation for part 51 continues to
read as follows:
Authority: 42 U.S.C. 7401-7641q.
2. Section 51.100 is proposed to be amended by
revising paragraphs (s) introductory text and (s)(1)
introductory text to read as follows:
51.100 Definitions.
* * * * *
(s) "Volatile organic compounds (VOC)" means any
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compound of carbon, excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates,
and ammonium carbonate, which participates in atmospheric
photochemical reactions.
(1) This includes any such organic compound other than
the following, which have been determined to have
negligible photochemical reactivity: methane; ethane;
methylene chloride (dichloromethane); 1,1,1-
trichloroethane (methyl chloroform); 1,1,2-trichloro-
1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane
(CFC-11); dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-
23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);
chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-
dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane
(HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-
chloro 1,1-difluoroethane (HCFC-142b); 2-chloro-1,1,1,2-
tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-
125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-
trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-
152a); parachlorobenzotrifluoride (PCBTF); cyclic,
branched, or linear completely methylated siloxanes;
acetone; perchloroethylene (tetrachloroethylene); 3,3-
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